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COURTROOM

COURTROOM. DUTIES OF DEFENSE ATTORNEY. Represents the accused and convicted Must have knowledge of the law Skilled in investigation Experiences in advocacy Relationship with prosecutors. COUNSEL FOR INDIGENTS. Right guaranteed by the ? Attorneys are provided by the government

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COURTROOM

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  1. COURTROOM

  2. DUTIES OF DEFENSE ATTORNEY Represents the accused and convicted Must have knowledge of the law Skilled in investigation Experiences in advocacy Relationship with prosecutors

  3. COUNSEL FOR INDIGENTS • Right guaranteed by the ? • Attorneys are provided by the government • Provided early in the process

  4. ASSIGNED COUNSEL • Court appoints a private attorney • Widely used in small cities and rural areas

  5. CONTRACT SYSTEM • An attorney, nonprofit organization or private law firm contracts with a local government • Used in a few counties

  6. PUBLIC DEFENDER • Used in 43 of the 50 states • Viewed as better than assigned counsel • Trust of client is an issue

  7. PROCEDURE IN COURT • REMEMBER 48 HOUR RULE • 36 HOUR RULE • Motion: requests that an order be issued to bring about a specific action • Bail—sum of money specified by the judge that is presents as a condition of release

  8. PLEAS • INSANITY • Test to determine right from wrong is known as: MCNAUGHTEN RULE NORGAARD Guilty but cannot recall facts Common with chemical use

  9. ALFORD—realizes that the State of MN has a strong factual basis. Pleads not guilty but accepts punishment • NOLO CONTENDRE—Evidence from the criminal case cannot be used in a civil trial—NOT USED IN MN

  10. PLEA BARGAIN • NEGOTIATING AN AGREEMENT IN A CRIMINAL TRIAL

  11. CHANGE OF VENUE • IF THERE HAS BEEN A LOT OF PRETRIAL PUBLICITY THE DEFENSE MAY FILE A MOTION FOR A CHNGE OF VENUE PRIOR TO THE TRIAL BEGINNING.

  12. DISCOVERY • NO SURPRISE WITNESSES OR EVIDENCE

  13. OMNIBUS HEARING • IF THERE IS PROBABLE CAUSE AND TO DECIDE THE ADMISSIBILITY OF EVIDENCE----4TH AMENDEMENT

  14. TRIALS • Bench Trial—conducted by a judge • Jury Trial—a panel of citizens • Felony case—12 jurors • GM, Misd—5 jurors

  15. PROSECUTION MUST PROVE GUILT BEYOND A REASONABLE DOUBT IN A CRIMINAL TRIAL • PREPONDERANCE OF THE EVIDENCE IN A CIVIL TRIAL

  16. Functions of Juries • Prevent government oppression • Determine guilt • Represent diverse community issues • Serve as a buffer • Symbolize the rule of the law

  17. Trial Process • Selection of Jury • Opening statements • Presentation of prosecution’s evidence • Presentation of defense’s evidence • Presentation of rebuttal witnesses • Closing arguments

  18. Jury instructions • Decision by Jury • Voir Dire Examination—questioning of prospective jurors • Challenge for Cause-removal because they have a bias • Premptory Challenge-remove without reason

  19. JURY STRIKES • PROSECUTOR-----3 • DEFENSE------5

  20. BEGIN WITH 20 • END WITH A TOTAL OF 13 • 12 ON JURY AND ONE ALTERNATE

  21. EVIDENCE • Real Evidence---physical • Demonstrative—information relevant to the crime • Testimony—oral evidence • Direct Evidence—eyewitness accounts • Circumstantial Evidence—require the jury to infer a fact

  22. SPREIGEL EVIDENCE • JUDGE MAY PERMIT THE PROSECUTOR TO INTRODUCE EVIDENCE THAT THE DEFENDANT HAS COMMITTED SIMILAR CRIMES • NOT DOUBLE JEOPARDY

  23. SUBPOENA • A LEGAL DOCUMENT ORDERING A PERSON TO TESTIFY IN A COURT OF LAW AS A WITNESS • POLICE OFFICER WOULD USE WHAT TO REFRESH MEMORY?

  24. POLICE OFFICER • PROFESSIONAL ATTIRE • SPEAKS TO JUDGE OR JURY • NO JARGON • ALERT DEMEANOR

  25. Buck Savage

  26. Presentation of Defense’s Evidence • Contrary evidence is introduced • Alibi is offered • Key issue is whether or not the accused will take the stand

  27. SELF DEFENSE • Elements: • DUTY TO RETREAT • PRIMARY AGRESSOR • FEAR OF GREAT BODILY HARM

  28. JURY INSTRUCTIONS • Reasonable doubt—standard used to determine if prosecution has enough evidence for conviction • Judge interprets the law to the Jury

  29. DECISION BY THE JURY • Guilty • Jury can be polled • Not guilty • Hung jury

  30. VICTIMS • VICTIMS ARE ALLOWED TO GIVE AN IMPACT STATEMENT AT THE SENTENCING • SPEAK ONLY TO JUDGE

  31. CONSEQUENCES • STAY OF EXECUTION—get probation but prison sentence is held over head • STAY OF IMPOSITION—probation instead of prison, when probation is completed the felony becomes a misd on criminal record

  32. A MONITORING DEVICE—ankle bracelet • SUSPENDED SENTENCE—Max sentence given but some not carried out • WORK RELEASE PROGRAM PRISON TERM—Sentencing Guidelines

  33. GRAND JURIES • FEDERAL • STATE • FUNCTIONS • Investigation • Indictment

  34. MINNESOTA GRAND JURY • REQUIRE AN INDICTMENT TO BEGIN PROSECUTIONS THAT COULD RESULT IN LIFE IMPRISONMENT • DOES NOT DETERMINE GUILT OR INNOCENCE

  35. CONTROVRSIAL CASES TO SEE WHAT THE COMMUNITY FEELS SHOULD HAPPEN • WHEN WITNESS REFUSES TO COOPERATE WITH LE. THE GRAND JURY CAN QUESTION.

  36. BASIC TERM FOR FEDERAL GRAND JURY IS 18 MONTHS • HENNEPIN COUNTY IS 4 MONTHS • 16-23 JURORS IN MN • 16 IS A QUORUM IN MN • 12 ARE NEEDED TO INDICT IN MN

  37. PROCEEDINGS ARE MORE INFORMAL • NO DEFENSE PRESENT • NO JUDGE • PROCEEDINGS ARE RECORDED • JURORS ARE CHOSEN FROM VOTER REGISTRATIONS AND DRIVERS LICENSE RECORDS—18 YRS OLD

  38. APPEALS • A request to a higher court that it review actions taken in a completed trial • Based on questions of procedure • Conviction may be upheld or set aside • Most appeals are unsuccessful • Habeas Corpus—a writ requesting that a judge examine whether an individual is being properly detained

  39. The appeal process performs the important function of righting wrongs • Should they be limited? • Are offenders being “let off?”

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